What are the new trends in labor dispatch in 2012?

Summary. If the contracted company is a dispatch company, it is not a violation of labor law. However, the place of work should be specified in the employment contract.

According to Article 58 of the Labor Contract Law, a labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to its employees. In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, the position and other circumstances. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labors.

I have been working for 12 years and the new policy of labor dispatch workers.

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If the contracted company is a dispatch company, it is not a violation of labor law. However, the place of work should be specified in the employment contract. According to Article 58 of the Labor Contract Law, a labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to its employees.

In addition to the matters specified in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the duration of the dispatch, the position and other circumstances. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people. Article 59 A labor dispatch entity shall enter into a labor dispatch agreement with the unit that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity").

The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labors.

According to the document provisions of the "Notice on Giving Employment Subsidies to Relevant Employers in the Municipality in Response to the Epidemic and Stabilizing Jobs and Ensuring Employment" (Hu Hunger Xian Ren She Gui 2022 No. 18), the "Notice on Implementing the One-time Job Expansion Subsidy Policy" (Hu Ren She Gui 2022 No. 33), and the "Notice on Broadening the Scope of Benefits of the One-time Job Expansion Policy of Unemployment Insurance" (Hu Ren She Gui 2022 Na Lang No. 319) and the relevant requirements of the Municipal Employment Promotion Center, Labor dispatch companies in the following list that meet the subsidy conditions are requested to follow the principles of fairness and good faith, negotiate with the labor dispatch employer to use the subsidy funds, and provide the negotiation certificate and other materials with the employer before March 15, 2023, and the subsidy will be deemed to have been waived after the deadline.

Article 1191 of the Civil Code provides that if a staff member of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

In order to solve the problems of unequal pay for equal work, different rights for the same post, low social security benefits, no vocational training, and limited career development for lead stool labor dispatch workers, and to crack down on violations of the temporary, auxiliary, and alternative "three bad natures" regulations, abuse of the dispatch system and other illegal behaviors, as an important measure to implement the "Labor Contract Law", the Ministry of Human Resources and Social Security has researched and drafted the "Interim Provisions on Labor Dispatch" (formerly known as "Several Provisions on Labor Dispatch"), with a total of 7 chapters and 29 articles. It mainly stipulates the important contents such as clarifying the proportion of labor dispatch workers, the procedures for determining auxiliary positions, the social insurance for labor dispatch across starvation and deficit areas, and the prohibition of "fake outsourcing and real dispatch". At the same time, the Interim Provisions on Labor Dispatch also clarify the conclusion, performance, rescission and termination of labor contracts and labor dispatch agreements, as well as the corresponding legal liabilities.

Summary. Hello, after inquiry, the new labor dispatch policy in 2023 is as follows: 1. The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years; 2. The registered capital of the labor dispatch unit shall not be less than 2 million; 3. During the period when the dispatched worker is not working, the dispatching unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people; 4. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched worker in accordance with the labor dispatch agreement; 5. Fees shall not be charged to dispatched workers.

The above information is ** in).

Hello, after inquiry, the new labor dispatch policy in 2023 is as follows: 1. The labor dispatch unit shall enter into a fixed-term labor contract with the dispatched worker for more than two years; 2. The registered capital of the labor dispatch unit shall not be less than 2 million; 3. During the period when the dispatched worker is not working, the dispatching unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people; 4. The labor dispatch unit shall not deduct the labor remuneration paid to the dispatched worker by the employing unit in accordance with the labor dispatch agreement; 5. Dispatched workers shall not be charged a notice fee. The above information is ** in).

legal basis; Article 59 of the Labor Contract Law stipulates that a labor dispatch entity shall enter into a labor dispatch agreement with the entity accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement group shall stipulate the number of posts and personnel to be dispatched, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term imitation labor dispatch agreements.

Hello, the new policy of labor dispatch in 2023 is; Article 1191 of the Civil Code Where a staff member of an employer causes damage to others due to the performance of his or her work tasks, the employer shall bear tort liability. After the employer bears the tort liability, it may recover compensation from the employee who has intentionally or grossly negligent. During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employer receiving the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding responsibility.

In order to solve the problems of unequal pay for equal work, different rights for the same position, low social security benefits, no vocational training, and limited career development of labor dispatch workers, and to crack down on violations of the "three sexes" provisions of temporary, auxiliary and substitution, abuse of the dispatch system and other illegal acts, as an important measure to implement the "Labor Contract Law", the Ministry of Human Resources and Social Security has researched and drafted the Interim Provisions on Labor Dispatch (formerly known as the "Several Provisions on Labor Dispatch"), with a total of 7 chapters and 29 articles. It mainly stipulates the important contents such as clarifying the proportion of labor dispatch employment, the procedures for determining auxiliary positions, the social insurance of cross-regional labor dispatch, and the prohibition of "fake outsourcing and real dispatch". At the same time, the Interim Provisions on Labor Dispatch also clarify the conclusion, performance, rescission and termination of labor contracts and labor dispatch agreements, as well as the corresponding legal liabilities.